The
Andhra Pradesh Right to Information Bill, 2001
A Draft Legislation by LOK SATTA

To provide for Right to Information to every citizen in order to promote openness,
transparency and accountability in administration and ensure effective participation
of the people in all matters related to governance
Whereas, Right to Information is accepted by the Supreme Court as an inherent
part of Right to Freedom of Speech and Expression under Article 19(1)(a) and
the Right to Life and Personal Liberty under Article 21 of the Constitution;
Whereas Right to Information is a facet of the Fundamental Right to Free Speech
and Expression, the provisions made here under are for the enforcement of the
said Right;
Whereas securing information has been hitherto largely dependent on administrative
circulars, and no clear law exists for obtaining information, it has become
necessary to set out procedures for acquiring such information, and as such
the procedures in order to comply with Article 21 of the Constitution shall
be fair and reasonable;
Be it enacted by the Andhra Pradesh State Legislature in the fifty second year
of the Republic of India as follows:

1. Short Title, Object and Commencement
(1) This Act may be called the Andhra Pradesh Right to Information Act, 2001.
(2) This Act is in furtherance and for the enforcement of Right to Information,
a facet of Freedom of Speech and Expression. The interpretation of the provisions
of this Act shall be in furtherance and for effective access to the said Right.
(3) It shall come into force on such date as the State Government may, by notification,
appoint, which shall not be later than 60 days from the date of obtaining the
assent of the Governor.

2. Definitions
In this Act, unless the context otherwise requires:-
a. "Competent Authority" means the :
- Speaker in the case of the Legislative Assembly
- Chief Justice of the High Court in the case of the High Court and all the
sub-ordinate courts
- Governor in the case of other authorities created by or under the Constitution
- Chairperson of the Zilla Parishad in the case of all subjects and departments
under the Jurisdiction of the Panchayats in the district
- Chairperson of the Municipality, Municipal Corporation or Nagar Palika in
the case of the respective urban local governments
- The District Magistrate in the case of all state government departments or
organizations or bodies in the district
- Lok Ayukta in the case of all other public authorities.
b. "information" means any material or information relating to the
affairs, administration, decisions or conduct of public authority and includes
any document or record relating to the affairs of the public authority;
c. "prescribed" means prescribed by rules under this Act by the State
Government;
d. "project" means any public work or scheme or programme launched
by the government or public authority;
e. "public authority" means all offices of the State of Andhra Pradesh
including the Andhra Pradesh Public Service Commission, the State Election Commission
or any other constitutional body established by the State of Andhra Pradesh;
all local authorities; all authorities constituted by or under any Act of the
State Legislature for the time being in force, such as a company, corporation,
trust, society, any statutory or other authority, or any organisation or body
funded, owned and controlled by the State Government;
f. "public information officer" means the Public Information Officer
appointed under Sub-section (1) of Section 6;
g. "publish" means communication of information through all generally
accepted forms including media briefings, advertisements where necessary and
feasible, displaying in a prominent place accessible to the general public,
making copies available to the public at a reasonable cost, making copies available
in electronic format including posting on an official web site, and publication
in an official journal or periodical made widely available to the public on
demand;
h. "record" includes any document, manuscript or file; any microfilm,
microfiche and facsimile copy of a document ; any reproduction of image or images
embodied in such microfilm (whether enlarged or not); and any other material
produced by a computer or by any other device;
i. "right to information" means the right of access to information
from any public authority by means of inspection, taking of extracts and notes;
obtaining certified copies of any records of such public authority; diskettes,
floppies, photocopies or in any other electronic mode or through print-outs
where such information is stored in a computer or in any other device;
j. "trade secret" means information contained in a formula, pattern,
compilation, programme, device, product, method, technique or process which
is not generally known and which may have economic value.

3. Right to Information
Subject to the provisions of this Act, all citizens shall have freedom of information
and Right to Information from a public authority;

4. Obligations of Public Authorities
Every public authority shall
(1) Maintain and keep updated all records duly catalogued and indexed.
(2) Publish periodically, and in any case at least once in a calendar year:
a. particulars of its organization, structure, functions and responsibilities;
b. the powers and duties of officers and employees and the procedure followed
by them in the decision making process;
c. norms for discharge of its functions including prescribed periods for processing
and completion of physical and financial targets and the actual achievements
with reference to such norms;
d. classes of records under its control including the rules, regulations, instructions
and list of manuals etc. used by its employees for carrying out the activities;
e. norms for classification of information and mode of storage and retrieval;
f. the details of facilities available to citizens for access to information;
g. the name, designation and other relevant particulars of the Public Information
Officer, to whom requests for information may be addressed.
(3) Before initiating or causing to sanction any project, publish or communicate
to the public generally and to the persons affected or likely to be affected
by the project in particular, the relevant facts available to it or to which
it has reasonable access.
(4) Publish and display in a tamper-proof notice board in a prominent place
accessible to the general public all its decisions which have a bearing on public
interest immediately after a decision is taken and in any case not later than
two working days.
(5) Give reasons for decisions, whether administrative or adjudicative, to those
affected and disclose the relevant facts and analysis when major policies or
decisions are announced.
(6) Publish such other information as may be prescribed or necessary;
Provided it shall be mandatory for each custodial establishment such as a police
lock-up, jail, mental asylum, remand house, women's home, beggars home etc to
appoint a Visitors' Committee comprising independent citizens which shall have
full access to the establishment, their records and inmates at all hours of
the day and night.

5. Report to Competent Authority
(1) Before or on June 30th of every calendar year, the public authority shall
submit to the Competent Authority a report covering the preceding financial
year and the report shall include:
a. the number of determinations made by the public authority not to comply with
requests for records made to such public authority under Section 8(1) and the
reasons for each such determination;
b. the number of appeals made by persons under Section 12, the result of such
appeals, and the reason for the action upon each appeal that results in a denial
of information;
c. the names and titles or positions of each person responsible for the denial
of records requested under Section 8, and the number of instances of participation
for each;
d. the results of each proceeding conducted pursuant to Section 13 including
a report of the disciplinary action taken against the officer or employee who
was primarily responsible for improperly withholding records or an explanation
of why disciplinary action was not taken;
e. a copy of every rule, regulation or guideline issued by such public authority
for the purpose of implementation of this Act;
f. a copy of the fee schedule and the total amount of fees collected by the
public authority for making records available under Section 7; and
g. such other information as indicates efforts to administer fully Section 7.
(2) Each public authority shall make each such report available to the public
including by computer telecommunications, or by other electronic means.
(3) The Competent Authority shall make all such reports available at a single
electronic access point.
(4) The Competent Authority shall notify the Speaker of the Legislative Assembly
and the Leader of the Opposition no later than August 31st of the year in which
each such report is issued, that such reports are available by electronic and
other means.
(5) The Competent Authority shall develop reporting and performance guidelines
in connection with reports required by this section within three months from
the date on which this Act comes into effect.
(6) Before or on August 31 of every year, the Competent Authority shall submit
to the Speaker an annual report , which shall include for the prior fiscal year
a listing of the number of cases of rejection of requests for information arising
under Section 8, the exemption involved in each case, the disposition of such
case, and the fee schedule fixed under Section 7.

6. Designation of Public Information
Officers (1) Every public authority shall for the purposes of this Act, designate
one or more officers as Public Information Officers.
(2) Every Public Information Officer shall deal with requests for information
and shall render reasonable assistance to any person seeking such information.
(3) Any officer whose assistance has been sought by the Public Information Officer,
shall render all such assistance.

7. Procedure for Supply of Information (1) A person desiring information from a public authority shall make an
application in writing, orally or through electronic means, to the Public Information
Officer. For the said purpose the applicant may be allowed to inspect the concerned
document(s);
Provided that where such request cannot be made in writing, the Public Information
Officer shall render all reasonable assistance to the person making the request
to reduce it in writing.
(2) The information asked for under Sub-section (1) shall be supplied in writing,
either in the official language of the State in that area or the language in
which the said information is recorded.
(3) Every public authority may have a right to charge a reasonable fee for the
supply of any document subject to the condition that such fee shall not exceed
the cost of making and supplying the document. The fee charged shall not be
such that it may amount to denial of the right. The fee charged shall not be
a source of revenue for the government, and shall not be subject to periodical
enhancement. The fee may be waived when the disclosure of information is sought
in larger public interest.
(4) The information asked for under Sub-section (1) shall be furnished to the
applicant by the public authority :
a. within twenty four hours where such information relates to forfeiture of
the life or liberty of any individual;
b. within seven days if the information is readily available and is of routine
nature; and
c. as expeditiously as possible, and in any case within fifteen working days
from the date of receipt of the application for all other categories of information.

8. Processing of Requests for Information
(1) On the receipt of an application requesting for information, the public
authority shall consider it and pass orders thereon either granting or refusing
it, as soon as practicable and in any case within the time limits prescribed
in Sub-section (4) of Section 7 from the date of receipt of the application;
Provided that where the public authority does not have the information, he shall
within the period specified under Section 7(4) from the date of receipt of application
transfer the application to the officer or person with whom such information
is available and inform the applicant accordingly, and thereafter such officer
or person to whom such application is transferred shall furnish information
within the period specified under Section 7(4) from the date of receipt of the
application by him.
(2) Where a request is rejected under Sub-section (1), such a rejection shall
be with the prior approval of the higher officer to be designated by the respective
public authority. In such a case, the Public Information Officer shall communicate
to the person making the request as expeditiously as possible and in no case
not later than 7 days:
a. the reasons for such rejection;
b. the period within which the appeal against such rejection may be preferred;
c. the particulars of the appellate authority.
(3) Information shall ordinarily be provided in the form in which it is sought
unless it would disproportionately divert the resources of a public authority
or would be detrimental to the safety or preservation of the record in question.
(4) In certain special circumstances as specified in this subparagraph, the
time limits prescribed by this Act may be extended by written notice to the
person making such request, setting forth the reasons for such extension and
the date on which the information sought is expected to be dispatched. No such
notice shall specify a date that would result in an extension of more than ten
working days.
Explanation: 'certain special circumstances' means, only to the extent reasonably
necessary to the proper processing of the particular request including:
a. the need to search for and collect the requested records from field facilities
or other establishments that are separate from the office processing the request;
b. the need to search for, collect, and appropriately examine a voluminous amount
of separate and distinct records which are demanded in a single request; or
c. the need for consultation, which shall be conducted with all practicable
speed, with another public authority having a substantial interest in the matter
or among two or more components of the public authority having substantial subject-matter
interest therein.

9. Exemption from Disclosure of Information Notwithstanding anything herein before but subject to the provisions of
Section 10 the following information shall be exempted from disclosure, namely:
a. information, the disclosure of which would prejudicially affect the sovereignty
and integrity of India, security of the State, strategic, scientific or economic
interest of India or conduct of international relations;
b. information, the disclosure of which would prejudicially affect public safety
and order, detection and investigation of an offence or which may lead to incitement
to commit an offence;
c. record of deliberations of the Council of Ministers for a specified period;
but does not include the documents relied upon by the Council of Ministers or
its decisions except in respect of matters covered by items (a) and (b);
Provided that the decisions arrived at in the Cabinet meetings, and the reasons
therefor shall be made public immediately.
d. minutes or records of advice, opinions or recommendations made by an officer
of a public authority during the decision making process prior to the executive
decision or policy formulation;
Provided all such records and information shall be made available to the public
after an executive decision is taken or policy formulated.
e. information the disclosure of which would constitute a breach of privilege
of the Parliament or the State Legislature;
Provided that the Public Information Officer shall before withholding information
under this clause refer the matter to the AP Legislative Assembly Secretariat
for determination of the issue and act according to the advice tendered by the
Secretariat.
f. trade and commercial secrets protected by law, or information the disclosure
of which would prejudicially affect the legitimate economic and commercial interests
or the competitive position of a public authority, or would cause unfair gain
or loss to any person or institution;
g. patentable information or information relating to specific results of sponsored
ongoing research work in scientific establishments of government during the
course of such research, until the results are published in a scientific journal
or made public in an appropriate forum;
Provided that nothing in the foregoing provisions of this section shall preclude
the right of any person to obtain such information as would affect life or liberty
of any person in whom he or she is interested.
Provided that information which cannot be denied to the Parliament or State
Legislature or to a local government shall not be denied to any citizen.
Provided that all declassified information shall be made available to the public
on request.
Provided that norms for declassification shall be reviewed periodically as determined
by the appropriate public authority, and made public.

10. Grounds for Refusal of Access in
Certain Cases There shall be free access to all information excepting what is contained
in Section (9). Subject to this provision, a Public Information Officer may
reject a request for information where such request:
a. is too general in nature or is of such a nature that, having regard to the
volume of information required to be retrieved or processed would involve disproportionate
diversion of the resources of a pubic authority or would adversely interfere
with the functioning of such authority;
Provided that where such request is rejected on the ground that the request
is too general, it would be the duty of the Public Information Officer to render
help as far as possible to the person making the request to reframe his request
in such a manner as may facilitate the supply of information.
Provided that if the Public Authority finds it difficult to furnish copies of
the required information, the applicant shall be allowed to inspect the record
and make notes in the manner and within such time as may be prescribed.
Provided that difficulties encountered by the authorities under this Act shall
not be a ground for denial of access to information.
b. relates to personal information, the disclosure of which has no relationship
to any public activity, or which would cause unwarranted invasion of the privacy
of an individual, except where larger public interest is served by disclosure;
Provided that the information relating to returns of assets and liabilities
filed by any public servant or public representative shall be made available
to the public.

11. Severability If a request for information is rejected on the ground that it is in relation
to information which is exempted from disclosure, then notwithstanding anything
contained in this Act, access shall be given to that part of the record which
does not contain any information that is exempted from disclosure under this
Act and which can reasonably be severed from any part that contains exempted
information.

12. Appeals (1) Where a request for information is registered under Section 8 (1),
the public authority shall communicate the details of such a rejection to the
prescribed appellate authority immediately. The appellate authority shall treat
such information as suo motu appeal and shall pass appropriate orders within
the periods prescribed under Section 7 (4).
(2) Any person who has not received any communication within the period prescribed
under Section 7 (4), or who is aggrieved by a decision of the public authority
may within thirty days next after such period appeal to such authority as may
be prescribed. Any such appeal shall be disposed of within the period prescribed
in Section 7 (4);
Provided that such authority may entertain the appeal after the expiry of the
said period of thirty days if it is satisfied that the appellant was prevented
by sufficient cause from filing the appeal in time.
Provided that no appeal shall lie against an order of withholding of information
under clause (e) of Section 9.
(3) On rejection of a first appeal for access to information under the provisions
of this Act, the applicant shall have the right for a second appeal to the Competent
Authority within 30 days, who shall then dispose of the appeal within the period
prescribed in Section 7 (4).

13. Penalties (1) Any individual responsible for providing any information under this
Act shall be personally liable for failure to furnish the information within
the period specified therein.
(2) Where the information asked for under this act is not furnished within the
time specified, the person responsible for supplying the information shall be
punishable with a fine of Rs.100 (Rupees One Hundred Only) per every day of
delay beyond the day by which the information was supposed to be supplied in
compliance with the provisions of this Act;
Provided that departmental disciplinary action shall be initiated in all such
cases, and appropriate punishment shall be awarded.
(3) In case of willful concealment of information or deliberate furnishing of
false information, the person or persons responsible shall be punished with
a fine and imprisonment for six months;
Provided that in all such cases mandatory disciplinary action shall be taken
by the appropriate authority simultaneously irrespective of the outcome of criminal
prosecution.
(4) And to remove all doubts, such offences as outlined in Sub section (3) will
entail punishment of reduction of rank or removal and dismissal from service
, if found guilty after disciplinary proceedings by the respective public authority's
administrative mechanism;
Provided that the public authority shall report to the Competent Authority within
30 days all information relating to the cases covered in this section, including
the disciplinary action taken, penalty imposed, and such other details as may
be prescribed or pertinent.

14. Protection of Action
Taken in Good Faith No suit, prosecution or other legal proceeding shall lie against any person
for anything which is done or intended to be done in good faith under this Act
or any rule made thereunder.

15. Protection for Public
Interest Disclosures A public servant who is in possession of information on serious wrongdoing
by any individual or agency in government which might pose a serious and imminent
threat to the safety or health of an individual or the public, or severely compromise
public interest or cause serious loss to the public exchequer, shall not be
penalized in any way for disclosing to the public such information backed by
reasonable evidence.

16. Bar on Jurisdiction
of Courts No court shall entertain any suit, application or other proceeding in respect
of any order made under this Act and no such order shall be called in question
otherwise than by way of an appeal under this Act;
Provided that when an offence is committed under this Act, the case will be
tried by the appropriate criminal court.

17. Act to Have an Overriding
Effect The provisions of this Act shall have effect notwithstanding anything inconsistent
contained in any other law made by the State Legislature in respect of any matter
falling under the State List or the Concurrent List, in the Seventh Schedule
of the Constitution, except the provisions of any existing law made by Parliament
in respect of any matter falling under the Concurrent List.

18. Power to Make Rules (1) The State Government by notification in the Official Gazette, shall
make rules to carry out the provisions of this Act, within sixty days from the
date of enactment of this Act.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for all matters relevant to the application of this Act.
(3) Every rule made under this Act by the State Government shall be laid before
the State Legislature, within 30 days of such rule being made.

19. Power to Remove Difficulties (1) If any difficulty arises in giving effect to the provisions of this
Act, the State Government may, by order published in the Official Gazette, make
such provisions not inconsistent with the provisions of this Act as appears
to it to be necessary or expedient for removal of the difficulty, provided no
such order shall be made after two years after commencement of the Act.
(2) Every order made under this Section shall, as soon as maybe after it is
made, be laid before the Legislature.